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2022 DIGILAW 2301 (RAJ)

Ganesh Jan Seva Samiti (registered) v. State Of Rajasthan

2022-08-25

MAHENDAR KUMAR GOYAL

body2022
JUDGMENT 1. This writ petition has been filed by the petitioner, a registered society, to permit it to conduct "Bhandara" and operate a water hut in the Trinetra Ganesh Mela-2022 to be held in Sawaimadhopur from 28.08.2022 to 31.08.2022 as also to permit it to ply two Mini Trucks No. RJ29-GA-5556, RJ29-GA-1329 and a Jeep No. RJ29-C-1024 to the "Bhandara" place to carry the necessary articles. 2. Learned counsel for the petitioner submits that it has applied with the respondent No.2, the Mela Incharge, as also the respondent No.3 for grant of permission well within time; but, no decision has been taken thereupon till date. He submits that the respondent No.3 has requested the District Collector Sawaimadhopur vide its letter dated 10.08.2022 to accord the necessary permission to the petitioner; but no heed has been paid till date. He submits that on account of pathetic attitude of the respondents, the petitioner-society has to approach this Court every year for grant of permission for the aforesaid purposes which is being accorded to it. He, in this regard, referred various orders passed by this Court in earlier writ petitions preferred by the petitioner. He prays for similar relief. 3. Learned counsels for the respondents pray for a week's time to file reply. However, they did not dispute that permission, as sought in the instant writ petition is being accorded to the petitioner every year by this Court. 4. Taking into consideration the contentions advanced by the learned counsels for the respective parties, the material on record and the orders passed by this court in earlier writ petitions filed by the petitioner for the same purpose, this Court deems it just and proper to direct the respondents to permit the petitioner to conduct "Bhandara", operate water hut and to ply the Mini Trucks No. RJ29-GA-5556, RJ29-GA-1329 and the Jeep No.RJ29-C-1024 in the Trinetra Ganesh Mela-2022 scheduled to be held from 28.08.2022 to 31.08.2022. 5. However, the petitioner as also the respondents shall take all precautions to ensure that either by the fare or by the permission granted by this Court to the petitioner-society, no harm is caused to the flora and fauna in the vicinity. 6. 5. However, the petitioner as also the respondents shall take all precautions to ensure that either by the fare or by the permission granted by this Court to the petitioner-society, no harm is caused to the flora and fauna in the vicinity. 6. In the wake of situation wherein, on account of non action/non decision on the part of the respondents, the petitioner has to approach this Court every year with same prayer, this Court deems it just and proper to order that from the next year onward, the petitioner-society shall apply with the respondents for grant of such permission at least a month in advance from the scheduled date of Mela and a reasoned and conscious decision thereupon shall be taken by the respondents within a reasonable time thereafter so that the petitioner may not have to approach this court every year raising the same grievance. 7. Since, nothing survives for consideration of this Court in the writ petition in view of the interim order passed hereinabove, the writ petition is also disposed of in the aforesaid terms as also agreed by the learned counsels for the respondents.